May 30, 2026

Trump Administration Adjusts Stance on New Immigration Policy

The Trump administration is trying to address the backlash over a new immigration policy. Concerns arose when the policy seemed to suggest that many green card applicants would need to leave the U.S. to continue their application process.

Last week, the U.S. Citizenship and Immigration Services (USCIS) announced guidance that seemed to eliminate the option for many immigrants to apply for a green card, or permanent U.S. residency, without leaving the country. This process, known as “adjustment of status,” allows immigrants sponsored by American employers or relatives to stay in the U.S. while awaiting their green card.

A USCIS spokesperson mentioned that applicants “in the U.S. temporarily and wanting a Green Card must return to their home country” unless there are extraordinary circumstances. This caused alarm among immigrants, business groups, and immigration lawyers. They feared that the change would force many individuals to leave the U.S. and potentially get stuck abroad due to travel restrictions imposed by the Trump administration.

During the weekend, the Department of Homeland Security (DHS) released a statement suggesting the green card guidance was not as sweeping as initially perceived. The department claimed the memo reiterated “longstanding law and policy.” DHS clarified that the policy “will not prevent any alien from obtaining a green card who legitimately and properly qualify.” It also noted that some applicants would need to apply overseas rather than within the U.S., but only those without a strong case for discretion would be affected.

The DHS assured that the policy will not significantly impact highly qualified applicants and skilled professionals who have followed the law, as they benefit the national interest and offer economic benefits to the U.S.

Lynden Melmed, former top lawyer at USCIS under the George W. Bush administration, said the new DHS statement attempts to limit the scope of the green card guidance. He noted that USCIS officers traditionally use discretion and weigh various factors when assessing eligibility for a green card within the U.S. Melmed believes the guidance will still be “burdensome” for immigrants and their lawyers, as they will likely need to submit more evidence to avoid having to apply abroad. He also remarked on the confusing signals the administration’s changing messages might send.

“The underlying policy will still slow legal immigration,” said Melmed. “At least they are toning down the rhetoric.”

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